Hu Honua Update
Hawai`i Public Utilities Commission “Each person has the right to a clean and healthful environment.” The clause was proposed by the Hawai`i Constitutional Convention of 1978 and approved by the voters in November 1978. It is now Article XI Section 9 of the State Constitution. The Constitutional Convention committees did not mention climate change. That issue rose to prominence as the Kyoto Protocol was being debated in the late 1990s. The Hawai`i Supreme Court upheld Life of the Land`s appeal of the Public Utilities Commission approval of the Hawai`i Electric Light Company (HELCO) Power Purchase Agreement (PPA) with Hu Honua BioEnergy LLC in May 2019. The high court held that Life of the Land had a constitutional right to a “ clean and healthful environment” and the Public Utilities Commission has a legal obligation to examine climate change. Hawai`i Revised Statutes (HRS) §269-6 defined the Commission`s general powers and duties. “The commission shall explicitly consider, quantitat